More than 2,000 years ago, in what is today Nepal, King Mandev gave the local people living in and around Changu Narayan forest the responsibility of managing the forest, in exchange for which they would enjoy the right to harvest timber...
moreMore than 2,000 years ago, in what is today Nepal, King Mandev gave the local people living in and around Changu Narayan forest the responsibility of managing the forest, in exchange for which they would enjoy the right to harvest timber once a year. The king and his nobles, however, could harvest forest products the whole year round. And the king could, of course, take away at any time the peoples right to harvest anything from the forest. Because the king had sovereign control over the forest and its resources, the people had no recourse other than to accept the responsibility of management in return for limited use rights. The issues of environmental justice in the context of rural life have not changed appreciably in two millennia. Fast forward to Bhopal, 1984, the site of one of the worlds most devastating industrial disasters, that has come to be a classic case study for environmental justice in the urban context, which emphasises rights to an environment safe from pollutants, hazardous waste and other toxins. Bhopal is the capital of Madhya Pradesh, the Indian state in which two of the sites for this study are located. Although the issues involved in environmental justice in the rural, natural resource context have not changed much in 2,000 years, the concept of environmental justice itself has evolved rapidly over the past quarter century. As the introduction to this volume explains, the idea of environmental justice emerged from the access to justice movement as an urban-based concept of rights to a safe, healthy, productive and sustainable environment without regard to race, ethnicity or socioeconomic status. It includes the mechanisms that enable individuals or groups to create, claim and exercise rights, encompassing issues such as procedural and social equity as guarantees for equal treatment, and protection for minority racial, ethnic, and socioeconomic groups, despite the often inequitable power relationships in society at large. The growing literature and other available resources on environmental justice continue to reflect the Northern/Western development of the urban/pollution focus on environmental justice. In both the United States and the United Kingdom, theory and practice continue to emphasise the links between toxic wastes and other hazardous substances as well as race-based discrimination in making decisions on where and how such substances are stored, used and disposed of. In the US, there is also a strong connection with public health. 2 Second-generation environmental justice issues include climate change, particularly the distribution of its impacts. 3 Moving beyond the focus on rights to unpolluted air and water in urban areas, the environmental justice movement has also begun to examine issues of how pollution affects land. 4 Non-governmental organisations have begun to include natural resource issues in their environmental justice programmes as well. 5 These initiatives deal with matters xiv such as habitat loss, wildlife trade and illegal fishing, all of which are mainstream conservation concerns. To date, however, no systematic examination of environmental justice and injustice as experienced by rural people, who depend on natural resources for subsistence or to supplement their livelihoods, has been identified. A recent study of livelihood security in four South Asian countries, among them India and Nepal, demonstrates that the problem of environment and security in South Asia is an issue of institutions and governance. In some cases, failures are the result of deliberate choices on the part of the state, for example, the non-recognition of customary resource rights. In other instances, the failures are the result of well-intentioned but poorly implemented attempts to remedy inequities in resource rights regimes. In still others, they result from the reluctance of the state to relinquish control over resources and the revenues they generate, including state connivance in undermining its own statutory regime. 6 Environmental justice in the rural context thus develops as an issue of rights, institutions and governance, and as an essential component of livelihood security, which is one of the first steps on the path leading out of poverty. In the rural context, environmental justice also includes the urban idea of rights to an environment safe from pollutants, hazardous waste and other toxins. More fundamentally, environmental justice for rural people and their communities has as much to do with whether they have and are able to exercise rights to own, access and use the natural resources on which their livelihoods depend, as it does with the quality of the resources themselves. South Asia is still in the process of defining environmental justice for its own context. Although there are provisions related to political, social and environmental justice in the constitutions of India and Nepal, these principles have not been translated into government action to a degree sufficient to ensure environmental justice in either country. A South Asian conference held in 2002 concluded that any definition of environmental justice for the region must include provisions for ensuring access to resources and for compensation if that access is denied, and that those provisions must be guaranteed by law. 7 The project whose results are the subject of this volume was originally conceived in 2003. The questions it sought to answer were: Can environmental justice be defined in the rural and natural resource context in South Asia? Is the concept relevant to rural people and their communities? The results of this study, undertaken in two South Asian countries, India and Nepal, indicate that the answer is yes to both questions. The objective was to test the feasibility of expanding the scope of environmental justice, from its focus on the impact of pollution on disadvantaged urban populations, to encompass rural communities and the natural resources on which they depend. The study examined the obstacles that selected rural communities, and individuals within them, face in accessing environmental justice. It sought to identify opportunities that are available to communities through existing systems and institutions, and to identify strategies for empowering communities to influence their governments to make the transition to devolving effective command over natural resources to the local level. xv In the long term, the goal of this initiative is to see the natural resource context accepted and integrated into the concept of environmental justice at the global, regional and national level, and for it to be used to improve rural livelihood security at the community level. Conceptual Basis For the Study The foundation for the conceptual basis of this study was research carried out by the School of Oriental and African Studies (SOAS) of the University of London in 19941996 to examine the concept of environmental justice in five cities in Asia and two in Africa. The comprehensive results of that study were published as this volume went to press; 8 the summary released in 1997 9 was used as the reference for the work discussed here. 10 The SOAS study relied on entitlements theory. Environmental entitlements refer to the alternative sets of benefits derived from environmental goods and services over which people have legitimate effective command and which are instrumental in achieving well-being. 11 Different people within the same community may rely on entitlements from different components of the environment. 12 Endowments are understood to be the assetsphysical, social and knowledge/skills-relatedan individual or group uses to secure entitlements. Entitlement mapping refers to processes and institutions that affect how individuals and communities can apply their endowments to secure their entitlements. An environmental entitlements failure occurs when endowments are insufficient and/or entitlement mapping is unfavourable. 13 Described in entitlement terminology, environmental justice is achieved when individuals and communities can use entitlement mapping not only defensively, to prevent environmental entitlement failure, but also proactively to secure livelihood. The SOAS study noted that theories of access to justice and environmental entitlements had not evaluated legal options as fully as the economic ones, and proceeded to examine the legal options in the urban context. It set out to compare the extent to which urban citizens can and do exercise their rights to a safe and sustainable environment through the differing legal systems of their home countries. Two of the Asian cities in the SOAS study are in South Asia Bangalore and Karachi. The study made no prior assumptions as to how people would define environmental justice in each city. The guiding principle was whether any actors in the system regarded a situation relating to their urban environment as unjust, or as a potential claim against the state. The SOAS project identified six gateways or options people have to exercise and defend their rights to a better, more sustainable urban environment. The study did not equate access to environmental justice exclusively with access to the law, and sought to compare legal gateways with other, informal ways to seek justice. Formal gateways included actual legal remedies, defensive use of the legal system and administrative review. Informal gateways included alternative dispute resolution and extra-legal self-help remedies. While most civic groups and activists who took part in the SOAS study were ready to identify xvi environmental problems and their causes, they were hesitant to turn their grievances into actual legal claims. The study found that where litigation was used, the law appeared in practice to benefit economically advantaged groups. Economically disadvantaged groups lacked the financial resources and familiarity with the legal system to be able to use these gateways effectively. The SOAS...